(Photo:Nixzaliz Santiago)By: Dovesblood
Today, March 26th. 2008, there was a pre-trial hearing for Nixzmary Brown's mother, Nixzaliz Santiago in reference to setting a trial date. The hearing was held in the ceremonial courtroom 2 that closing arguments for Nixzmary Brown's stepfather, Cesar Rodriguez, were held in.
Nixzaliz's lawyer, Sammy Sanchez was there along with the three D.A.'s, Ama Dwimoh (Ah-ma Ja-mo), Linda Weinman and Anthea Bruffee. Dwimoh and Sanchez were talking to each other and seemed to be getting along quite civily unlike the adversarial relationship between Jeff Schwartz and Ama Dwimoh. The two of them were practically beating each other over the heads with frying pans.
When they brought Nixzaliz in, she was wearing a thin cream sweather with a white blouse underneath, navy blue jeans with designs on the back pockets, a belt with circular links and white sneakers. She wore fashionable red rimmed glasses and her hair was tied back loosely with a purple scrunchie. The front of her hair was dark brown and the ponytail part was the color of honey. After she sat down, headphones were given to her in reference to the translator. At one point, she turned her head back to look into the audience and she locked eyes with me for a few seconds.
The judge, Patricia DiMango, was white and had long blonde hair. She came across as abrasive and to the point. She was like a Victoria Gotti with an attitude X 10.
Dwimoh started off by saying that she had already planned to take some time off in April due to a family member's health. She also stated that she plans on introducing into evidence the 911 call, all of Cesar's written, oral and video taped statements and she wanted to amend the dates of the indictments.
Sanchez said that he too wanted to introduce Cesar's statements into evidence, wanted access to all evidence in Cesar's trial and wanted the charge. (Definitions of the law that the judge from Cesar's trial gave to the jury.)
Judge DiMango got up from her seat and started walking back and forth behind the bench while talking to the lawyers, then she stood behind her chair, then she stood in front of her chair. It was weird. It was like she was trying to get her morning exercise in on the bench.
DiMango said she wanted to get the trial started before May or June.
Sanchez told her he's been working on this case 24 hours a day and that he's got 4 people helping him, but he still doesn't have all the minutes from Cesar's trial and his medical expert is in California.
Dwimoh told her that she would let her know what her availability is in the next hearing.
The judge told both lawyers that in the future she would be open to having 3 way phone conferences so they don't all have to be there before the trial starts.
The judge told Sanchez, not asked him, to waive his clients appearance in the future. He agreed. Last I checked, a judge can't order a lawyer to waive their clients appearance as they have a constitutional right to be there. Maybe she thought, if Nixzaliz is not in the room, it will keep people away. Not this person. I am there and have been there to support Nixzmary, regardless of whether or not Cesar or Nixzaliz is in the room or not.
Sanchez complained to the judge that when Nixzaliz was on the corrections bus today that she's being harrassed, spit on, cursed at and hit by the other inmates. Dwimoh made a face as if to say, "well what do you expect"? He asked the judge if she could speak with corrections about it. DiMango said in a tone of voice as if she couldn't care less, that she would tell corrections to put Nixzaliz in the front or the back of the bus to separate her from the other inmates.
Judge DiMango re-issued new orders of protection against Nixzaliz contacting her children directly and asked Nixzaliz to sign them. The orders were spread out at the table she was sitting at. Sanchez said Nixzaliz doesn't want to sign them and Judge Hall never made her sign them in the past. DiMango ordered Nixzaliz to sign the
them. Sanchez said "judge, she's not going to sign them." DiMango asked why and Sanchez said that Nixzaliz feels that if she signs them it would be separating her from her children. DiMango yelled "MAKE HER SIGN THEM"! Sanchez told DiMango that he can't make her sign them and that she's not legally required to sign them. He pointed out that she's always fully complied with the orders over the past 2 years. DiMango yelled, "GIVE HER THE PEN"! Sanchez asked the judge to site him some law that requires her to sign them. DiMango ignored him and yelled again, "GIVE HER THE PEN"! A guard handed a pen to Nixzaliz. Things were really tense in that room. It was a showdown. Sanchez again said Nixzaliz is not required to sign them. "GIVE HER THE PEN"! DiMango yelled again. Sanchez whispered something to Nixzaliz and Nixzaliz requested that the orders be translated. After they were, she initialed them.
Down the road, the judge's actions could be problematic for the prosecution. The defense could end up claiming that DiMango coerced their client into signing the orders of protection and try to use that as the basis for appeal.
Santiago currently is allowed to write screened letters to her kids. Dwimoh said in the future she'd ask for that privledge to be taken away. Things aren't looking to good for the defense.
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